GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 327
Short Title: Drivers With Disabilities and Law Enforcement. |
(Public) |
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Sponsors: |
Senators Tillman (Primary Sponsor); Bryant, Robinson, and Waddell. |
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Referred to: |
Rules and Operations of the Senate |
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March 22, 2017
A BILL TO BE ENTITLED
AN ACT TO provide for A voluntary designation ON drivers licenses and registration plates for north carolina residents with a mental illness, developmental disability, or co‑occurring mental illness and developmental disability and to REQUIRE TRAINING FOR LAW ENFORCEMENT OFFICERS ON HOW TO INTERACT WITH A PERSON THE OFFICER KNOWS OR REASONABLY SHOULD KNOW HAS A MENTAL ILLNESS, Developmental disability, or co‑occurring mental illness and developmental disability.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑7 is amended by adding a new subsection to read:
"(q2) Mental Illness and Developmental Disability Designation. – The Division shall develop, in consultation with the Department of Public Safety and the State Highway Patrol, an electronic designation in the Division of Motor Vehicles database for drivers that may, upon request, be granted to North Carolina residents with a mental illness, developmental disability, or co‑occurring mental illness and developmental disability. An applicant requesting an electronic designation under this subsection shall come to the Division of Motor Vehicles for registration. There shall be a standard transaction fee set by the Division for this service. For purposes of this subsection, the terms "mental illness" and "developmental disability" have the same meanings as in G.S. 122C‑3. Nothing in this subsection shall be construed as authorizing the issuance of a drivers license to a person ineligible under G.S. 20‑9."
SECTION 2. G.S. 20‑63 reads as rewritten:
"§ 20‑63. Registration plates furnished by Division; requirements; replacement of regular plates with First in Flight plates or First in Freedom plates; surrender and reissuance; displaying; preservation and cleaning; alteration or concealment of numbers; commission contracts for issuance.
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(b1) The following special
registration plates do not have to be a "First in Flight" plate or
"First in Freedom" plate as provided in subsection (b) of this
section. The design of the plates that are not "First in Flight"
plates or "First in Freedom" plates must be developed in accordance
with G.S. 20‑79.4(a3). For special plates authorized in G.S. 20‑79.7
G.S. 20‑79.4 on or after July 1, 2013, the Division may
not issue the plate on a background under this subsection unless it receives at
least 200 applications for the plate in addition to the applications required
under G.S. 20‑79.4 or G.S. 20‑81.12.
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(c1) Mental Illness and Developmental Disability Designation. – The Division shall develop, in consultation with the Department of Public Safety and the State Highway Patrol, an electronic designation for registration plates that may, upon request, be entered into the Division of Motor Vehicles database for those who have a mental illness, developmental disability, or co‑occurring mental illness and developmental disability. An applicant requesting an electronic designation under this subsection shall come to the Division of Motor Vehicles for registration. There shall be a standard transaction fee set by the Division for this service. For purposes of this subsection, the terms "mental illness" and "developmental disability" have the same meanings as in G.S. 122C‑3. Nothing in this subsection shall be construed as authorizing the issuance of a drivers license to a person ineligible under G.S. 20‑9.
…."
SECTION 3. G.S. 17C‑2 is amended by adding a new subdivision to read:
"(3a) Crisis intervention training. – Training for criminal justice officers on how to interact with a person the officer knows or reasonably should know has a mental illness, developmental disability, or co‑occurring mental illness and developmental disability. Training shall include all of the following:
a. Information on the cause and nature of the mental illness, developmental disability, or co‑occurring mental illness and developmental disability.
b. How to identify and respond to a person who has a mental illness, developmental disability, or co‑occurring mental illness and developmental disability.
c. Conflict resolution and de‑escalation techniques for potentially dangerous situations involving a person who has a mental illness, developmental disability, or co‑occurring mental illness and developmental disability.
d. Alternatives to physical or lethal force when interacting with a potentially dangerous person who has a mental illness, developmental disability, or co‑occurring mental illness and developmental disability."
SECTION 4. G.S. 17C‑6(a) reads as rewritten:
"(a) In addition to powers conferred upon the Commission elsewhere in this Chapter, the Commission shall have the following powers, which shall be enforceable through its rules and regulations, certification procedures, or the provisions of G.S. 17C‑10:
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(2) Establish minimum
educational and training standards that must be met in order to qualify for
entry level employment and retention as a criminal justice officer in temporary
or probationary status or in a permanent position. The standards for entry
level employment shall include education and training in response to, and
investigation of, domestic violence cases, as well as training in
investigation for evidence‑based prosecutions.prosecutions, and
crisis intervention training.
…
(14) Establish minimum standards
for in‑service training for criminal justice officers. In‑service
training standards shall include training in response to, and investigation of,
domestic violence cases, as well as training investigation for evidence‑based
prosecutions.prosecutions, and crisis intervention training.
…."
SECTION 5. G.S. 17E‑4(a) reads as rewritten:
"(a) The Commission shall have the following powers, duties, and responsibilities, which are enforceable through its rules and regulations, certification procedures, or the provisions of G.S. 17E‑8 and G.S. 17E‑9:
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(2) Establish minimum
educational and training standards that may be met in order to qualify for
entry level employment as an officer in temporary or probationary status or in
a permanent position. The standards for entry level employment of officers
shall include training in response to, and investigation of, domestic violence
cases, as well as training in investigation for evidence‑based prosecutions.prosecutions,
and crisis intervention training. For purposes of the domestic violence
training requirement, the term "officers" shall include justice
officers as defined in G.S. 17E‑2(3)a., except that the term shall
not include "special deputy sheriffs" as defined in G.S. 17E‑2(3)a.;
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(11) Establish minimum standards
for in‑service training for justice officers. In‑service training
standards shall include training in response to, and investigation of, domestic
violence cases, as well as training in investigation for evidence‑based
prosecutions.prosecutions, and crisis intervention training. For
purposes of the domestic violence training requirement, the term "justice
officer" shall include those defined in G.S. 17E‑2(3)a., except
that the term shall not include "special deputy sheriffs" as defined
in G.S. 17E‑2(3)a.
…."
SECTION 6. This act becomes effective October 1, 2017.